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Delhi Development Authority v. Jai Kishan Goel and Ors.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 8530 of 2016)Decided 31 Aug 2016
Civil Appeal No. 8530 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The Delhi Development Authority (DDA) appealed to the Supreme Court against a ruling favouring the original landowner, Jai Kishan Goel, over land whose earlier acquisition proceedings were in dispute. The matter reached the Court via a Special Leave Petition converted into this appeal.

Decision Breakdown

The Court found the issue, in principle, already covered against DDA by its earlier decision in Civil Appeal No. 8477 of 2016, and dismissed the appeal accordingly. It gave DDA one year to exercise its liberty under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 to initiate fresh acquisition by issuing a Section 11 notification. If DDA did not act within that period, and was in possession, it would have to return physical possession of the land to the original owner.

Lesson Learnt

Landowners whose property was acquired decades ago under proceedings that later lapsed are entitled to get their land back if the authority does not promptly restart the acquisition process through a fresh, lawful notification.

Official source (sci.gov.in)View Judgment (PDF)

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